Ex officio
By virtue of office
Ex officio means that an act or power is exercised by virtue of office, without any request from a party being required.
Ex officio is a Latin term used in Dutch law to denote that a court, administrative authority or other body is empowered to act of its own motion. This signifies that the measure derives from the office itself and does not depend on an initiative taken by an interested party.
The term is relevant across various fields of law, including administrative, criminal and civil law, as it enhances procedural efficiency and prevents rights or interests from remaining unprotected for want of a request. It enables officials and judges to adopt measures independently.
In practice, the term arises, for example, where a court grants interim relief of its own motion or an administrative authority reconsiders a decision without having been prompted to do so.
“The court has ex officio stayed enforcement of the judgment.”
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